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Divorce Med-Arb Program |
Med-Arb is the best kept secret in the divorce world. It allows couples to work out as many terms of their divorce as they can and then provides an arbitrator to resolve those items that remain. The end result: a written award that the couple may use to file an uncontested divorce! Many couples who are considering how to divorce find that the routes to get there are limited to court and only promote contentiousness. For some couples, they started the divorce process believing that there were just a "few" issues to work out. A year later, however, they find themselves knee-deep in litigation and are still married despite having spent thousands of dollars. Most couples do not know that mediation and arbitration are available to them, much less that a "Med-Arb" option exists. Had they known, they may have saved themselves time, money, and stress. |
70 Lenox Pointe, NE, Atlanta, Georgia 30324 - Phone 404-720-0599 - Fax 404-920-0401 - contact@onemediation.com |
Mediation and arbitration are non-court processes to deal with disputes such as divorce. In mediation, couples schedule an appointment with a mediator who facilitates dialogue between the couple and who drafts an agreement (which can include child support worksheets and a parenting plan) regarding their divorce. This can be done with or without attorneys. In essence, the couple can file the mediated agreement with the court and "tee-up" an uncontested divorce. It sounds simple, but there are no guarantees that the couple will reach an agreement. Arbitration involves a "ref" or an "umpire" who makes the call, like a judge would. In arbitration, couples - with or without attorneys - engage an arbitrator or a panel of arbitrators (One Mediation recommends using two arbitrators for unrepresented couples) who, similar to a judge, will listen to each spouse's presentation. These presentations may include records, testimony, and any other evidence each spouse submits. The arbitrator(s) then issues a written "Award" to the couple that sets forth the arbitrator's decision on all issues related to the divorce (and includes child support worksheets and parenting plan). Couples then can file the Award with the Court as if they are filing an uncontested divorce. While the arbitrator ensures that a decision is reached, the couple loses some control over the outcome. The best of mediation and arbitration in the divorce arena may be a hybrid of these two processes called "Med-Arb." One Mediation offers this option through its Divorce Med-Arb Program. In Med-Arb, couples begin working on the terms of their divorce in Mediation. Whatever terms they cannot agree upon in mediation are then submitted to an Arbitrator for a decision. At the end of the Med-Arb process, the couple has a complete and written agreement whereby they can file for an uncontested divorce. It is one of the best alternatives to litigation that exists in the divorce arena. How do you get started with One Mediation's Divorce Med-Arb Program? Start by calling One Mediation's office at 404-720-0599. Once both spouses have confirmed the mediation appointment, the assigned mediator will send out a preparatory email to both spouses in advance of the appointment. Next, the couple will meet together with the mediator who will assist them on working out their own agreement. If the couple cannot agree on all of the items, then - at the discretion of the mediator - the remaining issues will be sent to an arbitrator or (which is recommended) to a panel of two arbitrators, one selected by each spouse. At the arbitration, which is held on a different day, the couple will explain their positions and provide any relevant information to the arbitrators. The arbitrators will take the mediated terms and incorporate it into their Arbitration Award on the rest of the issues. The Med-Arb Program costs vary with the amount of time the couple requires. One Mediation, however, contemplates the costs of this program with six hours of mediation and two hours of arbitration as a baseline, which totals $2,000.00, when the couple does the requested preparatory work. With the "guarantee" of the makings of an uncontested divorce, the program is very well received and a great value. |
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